If you’re searching for information about restraining orders in Ontario, you may be in a situation that feels frightening or overwhelming. What you’re doing right now – looking for information, trying to understand your options – takes courage. You deserve to have clear answers.
A restraining order in Ontario is one of the most immediate legal tools available to protect you and your children from a person who is harming or threatening you. This guide explains what a family law restraining order in Ontario is, how to get one, how it differs from an emergency protection order, and what happens if the order is violated. If you are in immediate danger, please call 911 or the Ontario Crisis Line at 1-866-863-0511 before anything else.
What Is a Family Law Restraining Order in Ontario?
A restraining order in Ontario is a court order that restricts another person’s contact with you and your children. Under Ontario’s Family Law Act and the Children’s Law Reform Act, a court can order a person to:
- Stay away from you, your home, your workplace, or your children’s school
- Stop contacting you directly or indirectly – including by phone, text, email, or through third parties
- Keep a specified distance from you at all times
- Leave the family home, even if they are on the lease or own the property
A family law restraining order in Ontario is available to people who have a family relationship with the respondent – a current or former spouse, a common-law partner, or someone you share a child with. It is a civil order enforced through family court, though violations carry criminal consequences.
It is not the same as a peace bond (a criminal court process) or a no-contact order issued as a bail condition. Ontario family law provides its own distinct protection order framework. According to Ontario’s Family Law Act, courts have specific authority to issue restraining orders to protect spouses, partners, and children from harassment or harm.
For more information on how domestic violence intersects with family law in Ontario, including safety planning and exclusive possession of the home, our domestic violence resource page covers these issues in detail.
How to Get a Restraining Order in Ontario
You do not need to have been physically assaulted to qualify for a restraining order in Ontario. Threats, harassment, stalking, psychological abuse, and patterns of coercive control are all recognized grounds. If you feel unsafe, that matters – and the law recognizes it.
The process for obtaining a restraining order in Ontario generally works like this:
- File an application at the Ontario Court of Justice or Superior Court of Justice, along with a sworn affidavit describing the abuse or threatening behaviour.
- Request a hearing. For non-emergency situations, a judge schedules a hearing where both parties can appear. The court reviews the evidence and decides whether to grant the order.
- For urgent situations, you can request the order be made on a without-notice basis – meaning the other person is not told about the hearing in advance. This is available where giving notice would put you at greater risk.
- The order is issued and served on the respondent. Once served, it is enforceable by police.
You can apply without a lawyer – the process is available to self-represented parties – but the affidavit you file is central to the court’s decision. A lawyer can help you frame the history of abuse in a way that meets the legal requirements and gives your application the strongest foundation.
✓ What to Gather Before Filing for a Restraining Order in Ontario
- Dates and descriptions of specific incidents of abuse or threatening behaviour
- Any prior police reports, 911 call records, or criminal charges
- Text messages, voicemails, emails, or social media messages showing threats or harassment
- Names of any witnesses – neighbours, family members, friends, teachers
- Medical records or photographs documenting physical injuries (if applicable)
- Records of any prior restraining orders or peace bonds
- Details of where you and your children live, work, and attend school
Emergency Protection Orders vs. Restraining Orders in Ontario
When the danger is immediate and you cannot wait for a court hearing, Ontario has a separate mechanism: the Emergency Protection Order (EPO). Understanding the difference between an EPO and a restraining order in Ontario matters, because the right tool depends on your situation.
| Emergency Protection Order (EPO) | Family Law Restraining Order | |
|---|---|---|
| How you get it | Through police, often at the scene | Through Ontario family court |
| Speed | Immediate – same day | Days to weeks (urgent hearings possible) |
| Duration | Temporary – typically 30 days | Can be indefinite or for a set period |
| Who it covers | Spouse, common-law partner | Spouse, common-law partner, co-parent |
| Lawyer needed? | No – police-initiated | Recommended but not required |
EPOs are available under Ontario’s Domestic Violence Protection Act for situations where someone is in immediate danger. Police or a justice of the peace can issue an EPO at any hour – you do not need to go to a courthouse. Once issued, it is enforceable immediately.
EPOs are temporary, typically lasting 30 days. If you were issued an EPO, speaking with a lawyer before it expires can help you transition to a longer-term restraining order in Ontario and build your broader family law case. For information on emergency custody orders in Ontario – which can be sought at the same time when children are involved – our resource on urgent parenting orders covers that process.
What Happens If a Restraining Order in Ontario Is Violated
A restraining order in Ontario is only as effective as its enforcement. Knowing your rights when an order is violated is important – and you should not have to manage this alone.
Violating a restraining order in Ontario is a criminal offence under section 127 of the Criminal Code of Canada. If the person subject to the order contacts you, comes near your home or workplace, or sends messages through a third party in violation of the order’s terms, you should:
- Call 911 if you are in immediate danger
- Document the violation – save messages, note times and dates, take photographs if relevant
- Report the violation to police, who have authority to arrest without a warrant for a breach of a restraining order in Ontario
- Contact your lawyer to discuss whether to bring a contempt motion in family court as well
Courts take violations seriously. A person who breaches a restraining order can face criminal charges, fines, and imprisonment. Documented violations also strengthen your position in any ongoing family law proceedings – including parenting arrangements and custody. If police are not responding as expected, document everything and speak with your lawyer about a contempt motion in addition to the criminal process.
How a Domestic Violence Lawyer in Ontario Can Help You
Reaching out for legal help when you’re experiencing abuse takes strength. A domestic violence lawyer in Ontario does more than file paperwork – they help you understand the full picture of your legal situation at a time when clarity is hard to find.
What a family lawyer can do in a restraining order Ontario situation:
- Assess whether your situation qualifies for a without-notice (emergency) application
- Draft the affidavit at the core of your application – this document matters enormously and needs to be detailed, specific, and legally framed
- Represent you at the hearing so you don’t face the respondent in court alone
- Coordinate the restraining order in Ontario with other urgent matters – exclusive possession of the home, emergency custody, child protection concerns
- Advise on safety planning from a legal perspective alongside any support you’re receiving elsewhere
Decisions made in the first days and weeks after leaving – or while still in an abusive situation and planning your next step – can affect parenting arrangements, property rights, and financial support for years. According to Ontario’s Attorney General resources on family law, legal assistance is available for people in situations involving safety concerns, including through Legal Aid Ontario for those who qualify. Legal advice at this stage is protection, not paperwork.
Frequently Asked Questions About Restraining Orders in Ontario
Can I get a restraining order in Ontario if I’m not married to the person?
Yes. A restraining order in Ontario under the Family Law Act is available to current and former spouses, common-law partners of any gender, and people who share a child together – regardless of whether they were ever married. If you share a child with the person but were never in a romantic relationship, you may still qualify. A lawyer can confirm which provision applies to your specific situation.
How long does a restraining order last in Ontario?
A family law restraining order in Ontario can last for a specified period or indefinitely, depending on what the court orders. Most are granted for a defined term initially and can be renewed or varied as circumstances change. An EPO, by contrast, is temporary and typically lasts 30 days. If the threat continues, you can return to court to extend or vary the order.
Does getting a restraining order affect child custody?
A restraining order in Ontario and a custody order are separate proceedings, but they often intersect. Ontario courts take a history of domestic violence seriously in parenting decisions. In some cases, a restraining order can include provisions about how parenting exchanges happen – such as requiring third-party exchanges or supervised access. Addressing both issues together, with a lawyer, is usually the most effective approach.
What if I don’t have evidence of the abuse?
You do not need physical evidence to apply for a restraining order in Ontario. Courts recognize that abuse often leaves no visible marks and that threats, psychological abuse, and coercive control are just as serious as physical violence. Your sworn testimony in an affidavit is evidence. A clear, specific account of dates, incidents, and what was said or done carries real weight. A lawyer can help you organize and present that history effectively.
You Deserve Safety – Restraining Orders in Ontario Are Within Reach
A restraining order in Ontario is not a final solution to every aspect of what you may be facing – but it is a real, enforceable boundary that the law takes seriously. Getting one is a step you can take right now, even if you haven’t made every other decision yet.
Nussbaum Law offers a free consultation so you can speak with a family lawyer about your situation without any upfront commitment or pressure. We work with clients across Ontario and understand that safety comes first.
If you are in immediate danger, please call 911. For 24-hour confidential support, the Ontario Crisis Line is available at 1-866-863-0511. You don’t have to navigate this alone.
